Terms and Conditions of Use and Membership of the DEMOOZ Concept

By registering and taking part in the Demooz concept, the member declares that he/she agrees to all the general conditions of membership set out below after having read them.

1. THE DEMOOZ CONCEPT

DEMOOZ is an innovative concept developed by DEMOOZ PROCESSING SAS, a company with share capital of €96,990 (ninety-six thousand nine hundred and ninety euros), registered in the Nanterre Trade and Companies Register under number 798 873 592, whose registered office is located at 102 rue Victor Hugo, 92300 LEVALLOIS-PERRET.

The DEMOOZ concept is a useful response to its founders' analysis of the conditions under which various products are acquired online:

The DEMOOZ concept was developed in response to the impossibility, when purchasing a consumer product electronically, of benefiting from a demonstration or prior physical presentation of the product being considered for purchase.
Solution: The DEMOOZ concept remedies this impossibility by organizing a collaborative economy in which a product is demonstrated by connecting potential buyers with individuals who are already users of the product in question.
Benefit: This link-up enables the potential buyer to benefit from a demonstration by a private individual acting as a Demoozer.
Free of charge: This matchmaking service is free of charge.

More generally, Members declare that they have understood and accepted the principles of the DEMOOZ concept as set out in the present Article. They adhere to them without restriction, reservation or condition, in the capacity of Demoozer and/or Tester in accordance with the choice they have made.

2. JOINING THE DEMOOZ NETWORK

Membership of the DEMOOZ concept is subject to the following conditions:

Membership rights: Participation in the DEMOOZ network is currently restricted to natural persons of legal age residing in the countries covered by the DEMOOZ network.

Under the terms of article 1124 of the French Civil Code, non-emancipated minors are incapable of entering into contracts. Minors may not register as Members of the DEMOOZ concept. Consequently, DEMOOZ PROCESSING shall not be held liable in the event of unknowing registration by a minor.

Membership area: Only people located within the geographical area of the DEMOOZ network can apply for membership; the list of territories covered by the DEMOOZ network is kept up to date on the official website. https://www.demooz.com/ This area may be extended or reduced by DEMOOZ PROCESSING.
Membership conditions: Members must complete a membership form validated by DEMOOZ PROCESSING in order to be eligible to participate as a Demoozer or Tester in the DEMOOZ concept.

The Member must therefore complete an online Registration Form.

If a Member wishes to be both a Demoozer and a Tester, he/she must validate a double membership as a Demoozer and as a Tester.

The Demoozer declares by virtue of his membership that he is acting in a private capacity and with complete objectivity during the demonstrations, even if he is free to exercise an associative, economic or professional activity that would be directly or indirectly linked to a Manufacturer of the products that are the subject of the demonstrations.

Without the slightest discrimination prohibited by laws and regulations, DEMOOZ PROCESSING reserves the right to refuse or cancel without notice memberships originating from a geographical sector not covered by the DEMOOZ network, or contravening conditions relating to the age of the Member, or the provisions of the present general conditions of use, laws and regulations.

3. ORGANIZATION OF THE DEMOOZ CONCEPT

DEMOOZ PROCESSING's mission is to enable the deployment of the DEMOOZ concept and its use by Members.

Respect of the rules by the Members: DEMOOZ PROCESSING is the exclusive owner of all the rights necessary for the organization, operation or development of the DEMOOZ concept and guarantees to each Member the respect by the other Members of the present general conditions of use of the DEMOOZ concept.
Members' freedom: It guarantees the Demoozer's freedom and does not issue any instructions to him or her in carrying out the demonstrations, with the exception of those concerning compliance with the present general terms and conditions, which the Demoozer and Tester are bound to respect in order for the demonstrations to run smoothly.

DEMOOZ PROCESSING warrants to the Demoozer that no instructions or directions may be given to DEMOOZ PROCESSING in consideration of any assessment of the demonstrations that the Testers may make to DEMOOZ PROCESSING.

Non-evaluated demonstrations: The Demoozer is not allowed to evaluate the quality of its demonstrations.

It limits its control to validating that demonstrations have been carried out correctly, and refrains from intervening in the content of demonstrations or influencing them in favor of a particular product.

DEMOOZ PROCESSING does not have the correlative role of collecting comments or assessments from Testers on the quality of the demonstrations carried out.

Compliance with regulations: In accordance with the provisions of Law no. 2008-3 of January 3, 2008 and Article L. 122-6, 2o paragraph 1 of the French Consumer Code, DEMOOZ PROCESSING refrains from proposing to Members of the DEMOOZ concept to collect, during demonstrations or at any time whatsoever, new Members in return for the possibility of financial gains resulting from a geometric progression in the number of people recruited or registered.

To enable potential Demoozers and Testers to take part in demonstrations, it provides Members with a database accessible at https://www.demooz.com/, listing all Demoozers in the geographical areas covered by the DEMOOZ network, for each product category.

Members are put in contact with each other by any means of communication.

It is up to Demoozers and Testers to contact each other in order to freely organize demonstrations.

4. PRODUCTS TARGETED BY THE DEMOOZ CONCEPT

DEMOOZ PROCESSING determines the products for which the DEMOOZ concept can be used by Demoozers and Testers. The list of these products may be extended or limited by DEMOOZ PROCESSING. This list can be consulted on the official website https://www.demooz.com/.

Members undertake to limit their participation in the DEMOOZ concept to products corresponding to the list established by DEMOOZ PROCESSING.

DEMOOZ PROCESSING reserves the right to exclude from participation in the DEMOOZ concept any Member organizing or participating in demonstrations exceeding the list of products set by DEMOOZ PROCESSING, but also to stop, for the protection of the DEMOOZ concept, by any appropriate legal means the organization or participation in demonstrations concerning products not approved by DEMOOZ PROCESSING.

5. CARRYING OUT DEMONSTRATIONS

The Demoozer retains complete freedom in the choice of venue for demonstrations:

Acceptance of demonstrations: The Demoozer may accept or refuse requests for demonstrations in consideration of its availability, or the geographical distance separating it from the potential Tester, without this refusal resulting from discrimination prohibited by laws and regulations.
Making appointments : DEMOOZ PROCESSING provides the Demoozer on its official website with a tool for making appointments with potential Testers; the Demoozer remains free to use this tool according to his needs, to adapt the duration of the demonstrations to his convenience, to cancel and modify the demonstration times and to inform the Tester as soon as possible.
Demonstration location: Demonstrations can take place at the Tester's home, in a public place, or in any place specifically intended for DEMOOZ demonstrations. It is the Demoozer's responsibility to determine the location of the demonstration, in compliance with reasonable conditions of exchange and safety, if applicable, after having obtained the Tester's agreement to the proposed location.
Demonstration content: The Demoozer remains free to organize the content of his demonstrations, but he undertakes to present the product and its operation to the Tester in an objective manner. He remains free to give the Tester his assessment of the product's qualities and defects. More generally, he is invited to answer any questions the Tester may have about the product and its operation.
Duration of demonstrations: The duration of demonstrations cannot be fixed by DEMOOZ PROCESSING, as Demoozers are free to organize their own demonstrations.

However, the Demoozer agrees to consider, as part of its commitment to the DEMOOZ concept and as a courtesy to the Tester, that the average duration of a demonstration can be estimated at half an hour. The Demoozer undertakes in any event to grant the Tester the reasonable time necessary to demonstrate the products, in consideration of the nature and complexity of the product to be demonstrated.

Objectivity of demonstrations: The Demoozer undertakes to carry out its demonstrations with complete impartiality, i.e. not to favor one product over another for reasons which, directly or indirectly, may be linked to a personal or economic interest of the Demoozer in the marketing of the product being demonstrated, or in that of a competing product.

Any failure on the part of the Demoozer to comply with this Article will be considered as a breach of the principles laid down by the DEMOOZ concept and DEMOOZ PROCESSING reserves the right to exclude without notice the Member whose failure on this point is proven.

6. DEMOOZER STATUS

As a Demoozer, the Member must finalize and validate his adherence to the general conditions of use of the DEMOOZ concept before being able to participate in demonstrations in this capacity.

Demoozers enjoy a protective status that guarantees their freedom:

The number of demonstrations: Subject to the absence of discriminatory behavior, he remains free to accept or refuse demonstrations requested by Testers.
Demonstration location and times: The Demoozer does not belong to an organized service and remains free to determine the place of the demonstrations, as well as the times of the demonstrations, which he can set freely after agreeing on this point with the Tester.
The Demoozer's autonomy: Demonstrations are carried out without the Demoozer receiving orders or directives from DEMOOZ PROCESSING; he sets the content of the demonstrations himself, which correspond to an independent service carried out on behalf of the Tester.

The Demoozer is not subject to any subordinate relationship with DEMOOZ PROCESSING, whose mission is limited to putting Members in contact with each other and checking the effectiveness of the demonstrations that the Demoozer wishes to have credited to his or her account.

Making appointments: The customer may use the DEMOOZ PROCESSING appointment-setting tool or any other means of communication to make appointments for demonstrations.
Financial condition: He also declares that he is aware that his participation in the DEMOOZ concept is free of charge.

Access to DEMOOZ Ambassador status: The Demoozer's status makes him or her the owner and user of the Product offered for demonstration.

If a candidate for Demoozer status is not the owner or user of a product, DEMOOZ PROCESSING may offer him/her the opportunity to participate in a DEMOOZ campaign in which he/she :

will benefit from the availability of the product;
participate in the product demonstration;
undertakes to purchase the product made available.

On this occasion, the Demoozer Member is identified as an "Ambassador" of the campaign carried out by DEMOOZ for a particular product.

Access by the Member to the status of Ambassador is subject to the agreement of DEMOOZ PROCESSING and the separate regularization of the DEMOOZ Ambassador Agreement.

7. BECOMING A TESTER

The Member must finalize and validate, as a Tester, his adherence to the general conditions of use of the DEMOOZ concept before being able to benefit from demonstrations in this capacity.

Tester status entitles you to the following benefits:

Freedom of choice of Demoozer: The Tester is free to choose a Demoozer in order to benefit from a product demonstration. He may also withdraw a demonstration request if he considers that the demonstration can be carried out by a more appropriate Demoozer.
Organization of demonstrations: Demonstrations are organized directly with the Demoozer in terms of setting the place or time of the demonstration; DEMOOZ PROCESSING cannot intervene to influence the organization of demonstrations.
Freedom of demonstrations: demonstrations are carried out freely by individuals; DEMOOZ PROCESSING has no control over the content or organization of demonstrations, which are conducted autonomously by the Demoozer.

As the demonstrations are not carried out by professionals, the Tester benefits from the demonstration of the product by a user and must appreciate this demonstration without demanding the qualities of a professional and with benevolence.

Duration of demonstrations: The duration of demonstrations cannot be fixed by DEMOOZ PROCESSING, as Demoozers are free to organize their own demonstrations.

However, the Tester agrees to consider, as part of his or her commitment to the DEMOOZ concept and as a courtesy to the Demoozer, that the average duration of a demonstration should not normally exceed half an hour.

Evaluation of demonstrations: The Tester acknowledges that it is not DEMOOZ PROCESSING's role to collect the Tester's comments or assessments on the quality of the demonstrations carried out, even though the Tester may independently express an assessment of the quality of the demonstration on the official website https://www.demooz.com/.

These evaluations are solely intended to boost relations between DEMOOZ concept members, without DEMOOZ PROCESSING making any use whatsoever of these evaluations.

8. FINANCIAL CONDITIONS

Demonstrations are free of charge. The Demoozer may not claim any remuneration for the demonstrations he has carried out, either from the Tester or from DEMOOZ PROCESSING.

9. DURATION OF DEMOOZ MEMBERSHIP AND TERMINATION

Membership of the DEMOOZ concept takes effect from the date of confirmation of membership sent electronically to the applicant by DEMOOZ PROCESSING.

This membership is free and concluded for a period of 1 (one) year and continues by tacit renewal for an equivalent period, unless the Member has terminated his membership one month before the end of his membership, or that of the renewed membership, by e-mail sent to bonjour@demooz.com.

The membership period thus fixed by DEMOOZ PROCESSING corresponds to the need to periodically record the number of Members of the DEMOOZ concept.

However, the Member may withdraw from the list of Testers or Demoozers at any time.

10. RESPONSIBILITIES OF MEMBERS AND DEMOOZ PROCESSING

10.1 Members

Members undertake to respect the present conditions of membership and participation in the DEMOOZ concept and to take part in demonstrations in compliance with the laws and regulations in force.

Members, Demoozers or Testers, undertake to comply with the usual rules of good conduct and respect for other Members encountered during their participation in demonstrations and exclude all liability on the part of DEMOOZ PROCESSING for any failure on the part of a Member to comply with these requirements.

10.2 DEMOOZ PROCESSING

Demoozers carry out their demonstration activity independently and DEMOOZ PROCESSING cannot be held liable to Testers for the organization, conditions, content or quality of demonstrations.

As DEMOOZ PROCESSING does not organize or control the conduct or content of demonstrations, it cannot be held responsible for the actions of its Members during their participation in demonstrations, nor for the consequences in terms of the insurance liability of testers or Demoozers.

DEMOOZ PROCESSING reserves the right to exclude any Member of the DEMOOZ network without prior notice if any breach of the conditions of membership and participation in the DEMOOZ concept is established.

As DEMOOZ PROCESSING aims to develop the number of its Members, it is not bound by any commitment to its Members with regard to the number, by region or by department, of Demoozers or Testers who have signed up to the DEMOOZ concept.

DEMOOZ PROCESSING may not be held liable for failure to meet its commitments in the event of an event falling within the scope of force majeure as defined by applicable legal provisions and case law.

11. MEMBERS' PERSONAL DATA

The Member's personal data is processed by DEMOOZ PROCESSING for the purposes of managing his or her membership and the provision by DEMOOZ of the services offered in this context.

Thus, the Member's personal data processed by DEMOOZ PROCESSING may include, in particular:

Identification and contact information: First and last name, login details, contact information (e-mail address, telephone number, postal address);
Information on products and brands tested by the Member : Products and brands tested, owned or in which the Member expresses an interest ;
Test information: Details of tests performed by member, including time, date and place of appointment;
Communications with the Member: Details of communications between DEMOOZ PROCESSING and the Member, including the content of messages sent by the Member.

DEMOOZ PROCESSING uses this data in particular for the following purposes:

Product communication: In order to communicate with the Member about the products that can be demonstrated.
Organization of demonstrations: In order to organize the participation of the Member in a demonstration whether as a Demoozer or as a tester.
Administrative management: To manage the administrative aspects of membership, in particular the Member's access to the various services offered.

Data processing: This processing of the Member's personal data is necessary for the performance of DEMOOZ PROCESSING's contractual obligations in connection with the Member's membership of the DEMOOZ concept, in accordance with these general terms and conditions of use. Consequently, this contractual necessity forms the legal basis for said processing, as required by European Regulation 2016/679 of April 27, 2016 (known as the "General Data Protection Regulation" or "GDPR") and French Law 78-17 of January 6, 1978 (known as the "Loi Informatique et Libertés") as amended.

In this respect, the provision of the Member's identification and contact data is necessary to enable the establishment of his membership. Otherwise, it will not be possible for DEMOOZ PROCESSING to create the Member's account.

Use of data: In certain exceptional circumstances, the Member's personal data may be processed by DEMOOZ PROCESSING for further purposes related to membership, in particular in order to meet DEMOOZ PROCESSING's legal or regulatory obligations or requests from public and/or judicial institutions and authorities or in the context of DEMOOZ PROCESSING's legal defense.

In such cases, the legal basis for processing may be the need to comply with a legal or regulatory obligation, or DEMOOZ PROCESSING's legitimate interest in defending itself in court. In addition, in the event of future sale or investment transactions involving DEMOOZ PROCESSING, information concerning the Member may be processed in the context of audit procedures, during which potential investors or acquirers or their professional advisors conduct a preliminary analysis of various aspects of the company in order to assess its valuation. In these circumstances, the legal basis for the processing will be its necessity to the legitimate interests of Demooz, its shareholders and third party investors to carry out audit procedures.

DEMOOZ PROCESSING may, in certain circumstances, communicate the Member's personal data to the following categories of recipients:

Technical service providers: DEMOOZ PROCESSING works with third-party service providers for the provision of services that may process Members' personal data on its behalf, in particular in the context of IT maintenance services, hosting and management of the https://www.demooz.com website.
DEMOOZ campaign partners : DEMOOZ PROCESSING organizes DEMOOZ campaigns in which Members may be asked to use the DEMOOZ concept directly on the partner's site. On this occasion, the Member may be asked to agree to the terms and conditions of the partner, also identified as "Member Company".
Demoozers and Ambassadors: DEMOOZ PROCESSING may communicate the contact details of a Tester to Demoozers and Ambassadors for the purpose of organizing demonstrations.
Public and judicial authorities: Public authorities, judicial authorities and authorized third parties such as court officers, when such disclosure is necessary for national security, law enforcement or any other matter of public interest, as part of legal proceedings, litigation and/or a request from public authorities.
Professional advice : DEMOOZ PROCESSING's professional, legal and financial advisors, including lawyers, chartered accountants and statutory auditors.
Potential buyers: Potential buyers or investors and their advisors, in the event of a restructuring or sale of DEMOOZ PROCESSING.

Data security: Members' personal data is hosted by DEMOOZ PROCESSING on external Cloud servers located in the European Union or outsourced in the United States to companies with which the transfer of data is governed by the Privacy Shield mechanism.

As part of the collection and processing of personal data, the Member has :

The right to access all personal data being processed;
The right to request rectification, deletion and/or restriction;
The right to request data portability;
The right to object at any time to the processing of personal data for canvassing and/or statistical purposes;
The right to define directives concerning the conservation, deletion and communication of personal data after death;
The right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés.

The Member may send any request to the Data Protection Officer (DPO) of DEMOOZ PROCESSING, Mrs Marine BROGLI, by post to the address: Demooz, 5 rue Idrac, 3100, Toulouse, or by email to the address: dpo@demooz.com. In the event of reasonable doubt as to the identity of the Member, DEMOOZ PROCESSING may ask the Member to enclose a copy of any supporting document.

Data retention period : The Member's personal data is kept by DEMOOZ PROCESSING for the duration of the relationship between DEMOOZ PROCESSING and the Member, and thereafter for a period of three years. During this period, DEMOOZ PROCESSING may send the former Member communications concerning its news, unless the Member requests not to receive such communications. If during this three-year period the former Member contacts DEMOOZ PROCESSING (for example by email or via an online form) the three-year period will be renewed on the day of contact by the former Member. If necessary, the former Member's personal data may then be archived for the remaining duration of the civil and criminal statutes of limitation. It will then be securely destroyed.

12. NULLITY AND INTERPRETATION

In the event that one of the provisions herein is deemed inapplicable under current law, DEMOOZ PROCESSING and the Member agree to renegotiate it in good faith as close as possible to the provision rendered inapplicable.

If they are unable to replace such provision in a mutually acceptable and enforceable manner, such provision shall be excluded herefrom. The terms and conditions shall in these conditions be construed to exclude such provision and shall remain enforceable.

DEMOOZ PROCESSING and the Member also acknowledge that the provisions hereof cannot be interpreted in isolation, so that each provision or Article must be assessed in consideration of all the provisions of these general terms and conditions of use.

13. APPLICABLE LAW AND JURISDICTION

The present conditions of use are subject to French law. Members agree that any dispute arising from the execution of the present general conditions of use and membership in the DEMOOZ concept will fall within the geographical jurisdiction of the courts of the plaintiff's domicile.

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‍Updated06/05/2022